Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 124 Original Sheet No. 124

 

29. DISPUTE RESOLUTION PROCEDURES

29.1 Any Customer may make a written complaint to Caledonia regarding

any dispute between Customer and Caledonia arising under this Gas

Tariff. Such notice shall be addressed to the person and address

identified within Section 17 of the General Terms and Condition of

this Gas Tariff. Customer must specify a reason for the dispute.

Within two (2) Business Days of receiving a complaint, Caledonia shall

provide an initial response to complainant, acknowledging receipt of

the complaint and requesting further information as appropriate.

Within 30 days after receipt of Customer’s complaint, Caledonia shall

review the complaint and provide a written decision to the complainant

addressing each element thereof and, where appropriate, recommend a

course of action. In the event the required date of Caledonia’s

response falls on a Saturday, Sunday or a holiday that affects

Caledonia, Caledonia shall respond by the following Business Day. In

the event the complainant disagrees with this determination and makes

a written request for reconsideration or clarification, specifying

each reason the complainant disagrees with the initial determination,

Caledonia shall consider such request and within 30 days after receipt

thereof shall render its final written decision to complainant,

addressing each element thereof and, where appropriate recommending a

course of action.

30. LIMITATION OF LIABILITY

30.1 Notwithstanding any provision of the Service Agreement or this

FERC Gas Tariff, no Party, its Affiliates and their respective

directors, officers and employees shall be liable to another Party or

its Affiliates or any director, officer or employee of such Party or

its Affiliates, for any punitive, specials, or exemplary damages or

consequential, indirect, or incidental damages or lost profits that

arise out of, relate to or are otherwise attributable to the Service

Agreement, even if such Party or its Affiliates or any director,

officer or employee of such Party or its Affiliates has been made aware

of the possibility of such damages or lost profits. THIS SECTION 30

SPECIFICALLY PROTECTS EACH PARTY, ITS AFFILIATES AND THEIR RESPECTIVE

DIRECTORS, OFFICERS AND EMPLOYEES AGAINST SUCH DAMAGES OR LOST PROFITS

EVEN IF WITH RESPECT TO THE NEGLIGENCE, STRICT LIABILITY, OR OTHER

FAULT OR RESPONSIBILITY OF SUCH PARTY, ITS AFFILIATES, AND THEIR

RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES; AND ALL RIGHTS TO RECOVER

SUCH DAMAGES OR PROFITS ARE HEREBY WAIVED AND RELEASED. Nothing

contained in the foregoing shall limit the liability of either Party

to the other Party, if any, for direct damages. Notwithstanding the

foregoing, nothing in this Section 30 shall limit the liability of

either Party to the other Party, if any arising out of gross negligence,

willful misconduct, or bad faith actions.